Full Description
Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children's educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective--ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts--these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.
Contents
Table of International Instruments; Table of National Legislation; Table of International Cases; Table of National Cases; List of Contributors;
Chapter 1 Introduction Jeroen Temperman
PART I JUDGES & RELIGIOUS SYMBOLS
Chapter 2 The Strasbourg Court and Article 9 of the European Convention of Human Rights: A Quantitative Analysis of the Case Law Silvio Ferrari
Chapter 3 The Role of Judges in Determining the Meaning of Religious Symbols Brett Scharffs
Chapter 4 Limitations of Supranational Jurisdiction, Judicial Restraint and the Nature of Treaty Law Jean-Marc Piret
PART II SYMBOLS, EDUCATION, INDOCTRINATION & PROSELYTISM
Chapter 5 Crucifixes, Classrooms and Children: A Semiotic Cocktail Alison Mawhinney
Chapter 6 Freedom of Religion versus Freedom from Religion: Putting Religious Duties back on the Map Stijn Smet
Chapter 7 Religious Symbols in the Public School Classroom Jeroen Temperman
PART III STATE NEUTRALITY & RELIGIOUS SYMBOLS
Chapter 8 The Quest for Neutrality and the Stench of History Wouter de Been
Chapter 9 State Neutrality and the Limits of Religious Symbolism Roland Pierik
Chapter 10 Neutrality and Displaying Religious Symbols Hana van Ooijen
PART IV COMPARATIVE PERSPECTIVES ON RELIGIOUS SYMBOLS & EDUCATION
Chapter 11 Christianity, Multiculturalism, and National Identity: A Canadian Comment on Lautsi and Others v. Italy Richard Moon
Chapter 12 Passive / Aggressive Symbols in the Public School: Religious Displays in the Council of Europe and the United States, with a Special Focus on Romania Liviu Andreescu & Gabriel Andreescu
Chapter 13 Back to the Basics of Fundamental Rights: An Appraisal of the Grand Chamber's Judgment in Lautsi in Light of the ECHR and Italian Constitutional Law Carlo Panara
PART V LAUTSI-SPECIFIC COMMENTS
Chapter 14 Neutrality in and after Lautsi v. Italy Malcolm Evans
Chapter 15 Europe and the Sign of the Crucifix: On the Fundamental Questions of the Lautsi and Others v. Italy case András Koltay
Chapter 16 Restricting the Public Display of Religious Symbols by the State on the Grounds of Hate Speech? Hin-Yan Liu
Chapter 17 Rethinking Adjudication under the European Convention: The Lautsi Case as a Prelude to a New Mode of Review by the European Court of Human Rights? Carla Zoethout
Bibliography; Index.
